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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had ta***** *****fe insurance out wife and myself and

Resolved Question:

I had ta***** *****fe insurance out for my wife and myself and had been paying it for years unfortunately in January 2003 I had a massive heart attack when I contacted my insurance broker I was told I had no claim for critical illness as I was not covered but my wife was covered this I cant understand as I was the bread winner for the family I thought I was fully covered i believe I have been unfairly treated and would appreciate your advise I believed I was fully covered for all those years.
yours faithfully Ivor Wilsonwilson
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. You say this happened in 2003? What has happened since, do you still have the policy?
Customer: replied 2 years ago.
no I stopped paying it when I was told I was not covered I am a publican by trade and work very long hours so I thought I was fully covered there is no way I would not have covered myself
Customer: replied 2 years ago.
I always believed I was fully covered my wife only worked part time so had no stress or worries like myself
Customer: replied 2 years ago.
please could you tell me if I have a claim against the insurance company for miss selling me the wrong insurance
Customer: replied 2 years ago.
please let me know if you are still on line ?
Expert:  Ben Jones replied 2 years ago.
Why has it taken 12 years to consider a claim?
Customer: replied 2 years ago.
Because I never thought I had a case but friends have advised me other wise
Customer: replied 2 years ago.
If I'm not covered for critical illness am I covered for TPD, Total permanent Disability please advise
Expert:  Ben Jones replied 2 years ago.
The issue is that you are now out of time to do anything about this. If you had an insurance policy in place and the provider failed to pay out as per the terms then that would be a potential breach of contract. Such claims must be brought within 6 years of the allege breach. Once the time has passed you will be barred by statute from taking this any further. So even if you tried to make a claim in court you would not be allowed to proceed as there is law which prevents that because you are out of time. The Financial Ombudsman could have also looked at this as they are the independent regulatory body that cover insurance but again they will only look at a complaint if it is presented within 6 years. So on all accounts you are now out of time to take any action.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 2 years ago.
Even though I did not know I could claim I can do nothing about this
Expert:  Ben Jones replied 2 years ago.
No difference at all I'm afraid. The time limit is a limit and it allows people to work out if there is a claim and if they want to pursue it. Once it has passed them a claim cannot be made even if they later find out they could have claimed.
Customer: replied 2 years ago.
where could I go from here any advise would be appreciated as the insurance company told me I had no claim not knowing the full facts i believed they were telling me the truth
Customer: replied 2 years ago.
thank you for your help if you can think of anything to help change it would be of great help thankyou .
Expert:  Ben Jones replied 2 years ago.
They would say that you don't have a claim because they would not admit that they may be in the wrong and who knows if they actually were in the first place. But that is for a court to decide and sadly a court is no longer an option as they will not hat this complaint as it is now or of time. So to directly answer your question there is nothing that can be done at this late stage I'm afraid. You have left it to long
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